ACLU sues Luzerne County manager, elections board over decision not to use ballot drop boxes
The American Civil Liberties Union of Pennsylvania filed a lawsuit Tuesday against Luzerne County Manager Romilda Crocamo over her “unilateral decision” not to provide any drop boxes for mail-in voters in the upcoming election.
The lawsuit names Crocamo and the Luzerne County Board of Elections and Registrations. It was filed in the Luzerne County Court of Common Pleas on behalf of three mail-in voters and the advocacy organization In This Together.
“The decision to remove the drop boxes was made by the county manager, who has no authority to take such an action,” The ACLU said in a press release. “Under state law, the county board of elections has the power to regulate elections in the county. The county manager does not hold a seat on the board of elections.”
The complaint alleges that Crocamo’s decision not to make drop boxes available “unlawfully usurped the [elections] Board’s authority and responsibility.” It also says that four drop boxes have been provided in every election since 2022, including this year’s primary election.
Crocamo cited security concerns when she announced the decision not to use the drop boxes in the upcoming election.
The ACLU says it sent a letter to Crocamo in September requesting the drop boxes be made available, but never received a response.
Crocamo did not immediately respond to a request for comment.
“Because issuance of mail ballots is imminent, prompt injunctive relief is necessary to restore the Board’s authority over the management of Luzerne County’s elections and to reinstate their decision to deploy four drop boxes for voters to deliver mail ballots during the upcoming election period,” the complaint says.
The ACLU has been involved in numerous lawsuits that could determine aspects of how the upcoming election is administered in Pennsylvania. Those include an ongoing challenge over county elections boards’ ability to discard mail-in ballots over dating errors.
Last week, a Commonwealth Court panel ruled in the ACLU’s favor in a decision that effectively requires county election officials to notify voters if their mail-in ballots are rejected.
And in yet another lawsuit, the Pennsylvania Supreme Court will decide whether Pennsylvania counties must allow voters who make errors on their mail-in ballots to vote provisionally.